Jurnal Smart Hukum (JSH)
Jurnal Smart Hukum (JSH) E-ISSN. 2961-841X is a Legal science journal issued by Inovasi Pratama Internasional. Ltd. The Editorial Board only accepts research and discussion in the field of law which is already in the form of journal articles to be considered for publication. The focus of this journal are Law with the fields of Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Customary Law, Environmental Law and other parts related to contemporary issues in law.
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45 Documents
<![CDATA[Perspektif UUPT Terkait Asas Hukum Terang dan Tunai Perjanjian Jual-Beli Saham ]]>
<![CDATA[Usman Efendi Marpaung]]>
<![CDATA[ Jurnal Smart Hukum (JSH) Vol. 1 No. 1 (2022): September (First Release) ]]>
Publisher : <![CDATA[Inovasi Pratama Internasional. Ltd ]]>
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DOI: 10.55299/jsh.v1i1.105
<![CDATA[There are still many who do not use the deed of sale and purchase of shares as proof of the transfer of rights and only use the Deed of Minutes of the General Meeting of Shareholders. The formulation of the problem in this study is how to regulate the sale and purchase of shares, is it legal if there are parties who carry out the sale and purchase of shares before a notary but do not implement the clear and cash legal principles, what efforts can be made by the seller if the shares have switched but the buyer has not carry out their obligations. This study uses descriptive methods through normative juridical and empirical juridical approaches to obtain secondary data. The results of the study indicate that the regulations that specifically regulate the procedure for buying and selling shares or transferring rights to shares are UUPT no. 40 of 2007 concerning Limited Liability Companies (PT) and also the Articles of Association of Limited Liability Companies, namely:1. Done by Deed of Transfer of Rights; 2. Submission of Deed to PT; Recording and Notification by the Board of Directors. 3. The Board of Directors also notifies the change in the composition of shareholders to the Minister of Human Rights to be recorded in the register of PT. The sale and purchase of share transfers must comply with clear and real principles so that there are no lawsuits arising in the future.]]>
<![CDATA[Analisis Yuridis Pertanggungjawaban Tindak Pidana Pencurian Ternak dalam Keadaan Memberatkan (Studi Putusan Pengadilan Negeri Kisaran Nomor 694/Pid.B/2021/PN Kis) ]]>
<![CDATA[Nanda Iskandar Zulkarnain]]>
<![CDATA[ Jurnal Smart Hukum (JSH) Vol. 1 No. 1 (2022): September (First Release) ]]>
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DOI: 10.55299/jsh.v1i1.106
<![CDATA[The crime of theft is still a dilemma and is a serious problem and requires a solution. The problems in this study are how to regulate criminal law against the crime of livestock theft in the case of the Kisaran District Court Decision Number 694/Pid.B/2021/PN Kis, how is the responsibility of the perpetrators of the crime of livestock theft in aggravating circumstances, how is the judge's legal considerations in the Court's Decision Negeri Kisaran Number 694/Pid.B/2021/PN Kis. This study uses a descriptive method through a normative approach (legal research), namely an approach to problems, carried out by examining various legal aspects in terms of applicable regulations. The results of the research on the criminal law regulation of the crime of livestock theft in the case of the Kisaran District Court Decision Number 694/Pid.B/2021/PN Kis is regulated in Article 363 Paragraph (1) 1st, 3rd 4th and 5th of the Criminal Code. The responsibility of the perpetrators of the crime of theft of livestock in aggravating circumstances is the fulfillment of all the elements in accordance with the articles imposed by the defendants and there is no justification and excuse for the actions committed by the defendants, and it is considered that the defendant is able to account for his actions, then the defendants must take responsibility for their actions. responsible for the actions in accordance with the decision handed down by the Panel of Judges, by serving a prison sentence of 10 (ten) months each.]]>
<![CDATA[Kajian Hukum Pembentukan UU Cipta Kerja Dalam Perspektif UU No.25 Tahun 2019 ]]>
<![CDATA[Muhammad Dahlan Harahap]]>
<![CDATA[ Jurnal Smart Hukum (JSH) Vol. 1 No. 1 (2022): September (First Release) ]]>
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DOI: 10.55299/jsh.v1i1.107
<![CDATA[The process of establishing the Job Creation Law has established a series of principles, both formally and materially. The formation of the Job Creation Law tends to ignore the principles of the formation of laws and regulations, both formal and material principles. The formulation of the problem is how the design and ratification of Law No.11/2020 is in accordance with Law No.15/2019 concerning the Formation of Legislations, what is the position of Law No.11/2020 in the perspective of Law No.15/2019, and what is the impact of its implementation. Law No.11/2020 on the system of laws and regulations in force in Indonesia The research method used is descriptive analysis that leads to normative juridical legal research, namely research conducted by referring to legal norms, namely researching library materials or secondary materials . Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results of the study indicate that the design and ratification of Law No. 11/2020 on Job Creation is not in accordance with Law no. 12/2011 Jo. Law No. 15/2019. With the Constitutional Court Decision No. 91/PUU-XVIII/2020, the Job Creation Law is considered conditionally unconstitutional. The impact of the implementation of Law No.11/2020 on the system of laws and regulations in force in Indonesia is that the Job Creation Law has procedural defects because in the process the public does not know the standard and official text relating to the Job Creation Act.]]>
<![CDATA[Analisis Penguatan Dinas Perhubungan Dalam Pengawasan Perizinan Angkutan Kota Di Kota Medan ]]>
<![CDATA[Ahmad Fikhri]]>
<![CDATA[ Jurnal Smart Hukum (JSH) Vol. 1 No. 1 (2022): September (First Release) ]]>
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DOI: 10.55299/jsh.v1i1.119
<![CDATA[The Medan City Transportation Service is the implementing element of the Medan City Government in the field of transportation, having duties in the field of public transportation services. City transportation is one of the modes of transportation that is still the focus of improving the government and public transportation service providers. The problems studied are how to regulate the mechanism for controlling urban transportation licensing in the city of Medan and how the supervision of the Department of Transportation on the licensing of city transportation in the city of Medan. The research conducted is empirical research, namely by conducting interviews. The data collection method in this research is library research and field research. The data analysis used is qualitative data. The legal regulation of urban transportation in Medan City is Law no. 22 of 2009 concerning LLAJ and Medan City Regulation No. 2 of 2014 concerning Regional Levies in the Field of Transportation and Perwal of Medan City No. 41 of 2018 concerning Delegation of Partial Licensing and Non-Licensing Authorities to the Head of the Medan City Investment and One-Stop Integrated Service Office. Supervision of the Department of Transportation on city transportation permits in the city of Medan is carried out in two ways, namely: internal supervision and external supervision. In carrying out the task of supervising and controlling transportation in the city of Medan, the Medan City Transportation Service coordinates with the Traffic Traffic Unit 2 (two) times a year, namely in June and November.]]>
<![CDATA[Wanprestasi Dengan Penipuan Dalam Perjanjian Hutang Piutang ]]>
<![CDATA[Hari Panri NST]]>;
<![CDATA[Tri Reni Novita]]>
<![CDATA[ Jurnal Smart Hukum (JSH) Vol. 1 No. 1 (2022): September (First Release) ]]>
Publisher : <![CDATA[Inovasi Pratama Internasional. Ltd ]]>
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DOI: 10.55299/jsh.v1i1.120
<![CDATA[Analysis of Default with Fraud in Debt Agreements in Deli Serdang Regency. The purpose of this study is to determine the difference between default and fraud in accounts payable agreements. To find out what efforts are being made in resolving cases of default with fraud in accounts payable agreements. The type of research used is normative and empirical legal research. The difference between default and fraud in the accounts payable agreement is that the debtor continues to make achievements but is only able to pay off part of his debt to the debtor and cannot pay off all his debts to the debtor. In this case, there were several obstacles that occurred the contents of the plaintiff's special power of attorney were incomplete. In this case Defendant 1 could not complete the construction because the building permit was not issued for the land contained in the Certificate of Ownership no. 520 By the Department of Settlement and Spatial Planning Medan City. And in this case also Defendant II could not submit the Certificate of Ownership No. 520 to the plaintiff because there was no agreement from the defendant I. The legal settlement in the case of default on the debt agreement carried out by Zulkarnai against Mr. Salim and Mrs. Devi Juliastuti was pursued through the courts. Mr. Salim and Mrs. Devi Juliastuti as defendants never attended the trial even though they had been legally and properly summoned, so the judge decided to impose a versteeek verdict on this case.]]>
<![CDATA[Kebijakan Vaksinasi Covid-19 dalam Perspektif Peraturan Presiden Nomor 14 Tahun 2021 tentang Pengadaan Vaksin ]]>
<![CDATA[Ali Jumroh Harahap]]>
<![CDATA[ Jurnal Smart Hukum (JSH) Vol. 1 No. 1 (2022): September (First Release) ]]>
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DOI: 10.55299/jsh.v1i1.136
<![CDATA[This study discusses how the regulation of the implementation of vaccination against citizens is the factor that causes community rejection of the implementation of the vaccination program, as well as whether the obligation to carry out vaccinations against citizens is contrary to the human rights and constitutional rights of citizens. The type of this research is normative juridical. The data analysis was carried out in a qualitative descriptive manner. The results showed that the regulation of the implementation of vaccination against citizens is regulated in the Indonesian constitution which guarantees health insurance for its citizens, as embodied in Article 28H paragraph (1) of the Constitution NRI 1945. The factor that causes public rejection of the vaccination program organized by the government is that health workers who have survived Covid-19 still have doubts about being vaccinated, the environment, namely if the people closest to them are against and continue to influence them, there is a possibility that they will also be against the effectiveness of the vaccine. , mindset, values held and people doubt the halalness of vaccines. The obligation to carry out vaccination of citizens is a basic right that must be guaranteed, because health is part of the primary needs of every human being and in the perspective of fulfilling the basic rights of citizens to health, the government is bound by the responsibility to ensure adequate access for every citizen to health services that appropriate and optimal as an effort to respect.]]>
<![CDATA[Implementasi Peraturan Daerah No. 10 Tahun 2012 tentang Retribusi Pelayanan Kebersihan dan Kontribusinya Dalam Peningkatan P.A.D Kota Medan ]]>
<![CDATA[Ali Rahman]]>
<![CDATA[ Jurnal Smart Hukum (JSH) Vol. 1 No. 1 (2022): September (First Release) ]]>
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DOI: 10.55299/jsh.v1i1.137
<![CDATA[Optimizing PAD, the regional retribution sector is a very potential sector for the excavation and extension of its management because the regional retribution is levied on the remuneration provided by the local government. In addition, the implementation of the collection of regional levies is conducted beyond the time specified by law and regulation, as long as the local government can provide services to hold the collection. This study aims to determine the implementation of Local Regulation No. 10 of 2012 on the Retribution of Cleanliness Services and its contribution in increasing the Local Revenue of Medan City and the constraints in its implementation and to know the efforts made in overcoming the obstacles in the implementation of Local Regulation No. 10 Year 2012 About Retribution and its contribution to the increase of Medan District Revenue. This research uses descriptive method through normative approach (legal research) to obtain secondary data. The data collected will be carefully analyzed using qualitative analysis or elaborated with sentences. Result of research indicate that levy of cleanliness in Medan City is one of source of Original Revenue. Implementation of city cleanliness levy policy of Medan is based on Local Regulation No. 10 Year 2012 About Retribution of Cleaning Service. The implementation is carried out in a coordinated manner between the Sanitation Department and the Regional Tax and Retribution Management Agency while the cleaning service is the responsibility of the Sanitation Department. Implementation of this policy has not been maximized, the policy socialization process has not run well, the potential excavation is still not done the target acceptance and the realization is still low. The contribution of cleanliness levy to PAD is still lacking, whereas based on the existing potential, the contribution of cleanliness to PAD can still be improved. So it is necessary to supervise the collection of cleaning retributions because in 2020 the results of the retribution received by the regional treasury amounted to Rp. Rp.246.044.000,00 but only reached Rp.143.705.500.00 which is around 58.41%]]>
<![CDATA[Analisis Yuridis Tindak Pidana Korupsi APBDES di Desa Percut Kecamatan Percut Sei Tuan ]]>
<![CDATA[Hermansyah Siregar]]>
<![CDATA[ Jurnal Smart Hukum (JSH) Vol. 1 No. 1 (2022): September (First Release) ]]>
Publisher : <![CDATA[Inovasi Pratama Internasional. Ltd ]]>
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DOI: 10.55299/jsh.v1i1.138
<![CDATA[It is often found that there are cases of misuse of APBDes carried out with various modus operandi. This study discusses how to regulate corruption offenses in Law Number 20 of 2001 concerning Criminal Acts of Corruption, how the criminal responsibility of perpetrators of corruption in the misuse of APBDes in Percut Village, Percut Sei Tuan District in the Indonesian Supreme Court Number 3313 K/Pid.Sus/2018 , what is the basis for the judge's consideration in making a decision against the defendant in the Decision of the Supreme Court of the Republic of Indonesia Number 3313 K/Pid.Sus/2018. The research method used is descriptive analysis that leads to normative juridical law research. The regulation of corruption offenses in Law Number 20 of 2001 concerning Corruption Crimes is Article 2 Paragraph (1) jo. Article 18 Paragraph (1) letter b of Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption. The criminal responsibility of the perpetrators of corruption in the misuse of APBDes in Percut Village, Percut Sei Tuan District in the Supreme Court of the Republic of Indonesia Number 3313 K/Pid.Sus/2018 is Chairil Anwar, SPd sentenced to prison for 4 (four) years and a fine of Rp.200,000,000 ( two hundred million rupiah). The basis of the judge's consideration in making a decision against the defendant in the Supreme Court of the Republic of Indonesia Number 3313 K/Pid.Sus/2018 by rejecting the appeal of the Public Prosecutor/Applicant for Cassation because the Court of Appeal in deciding the case was correct. Where in the trial the defendant's actions were in accordance with the legal facts and fulfilled all the elements in Article 2 paragraph (1) jo. Article 18 of Law Number 31 of 1999 concerning Eradication of Criminal Acts of Corruption as amended by Law Number 20 of 2001 with a sentence of 4 (four) years in prison on the grounds that based on the facts in the trial that the Defendant was still carrying out the physical construction of drainage procurement Hamlet IX and Hamlet XI.]]>
<![CDATA[Efektivitas PERDA Kabupaten Padang Lawas Utara No. 3 Tahun 2013 tentang PBB Pedesaan dan Perkotaan dalam Rangka Peningkatan PAD ]]>
<![CDATA[Burhan]]>
<![CDATA[ Jurnal Smart Hukum (JSH) Vol. 1 No. 1 (2022): September (First Release) ]]>
Publisher : <![CDATA[Inovasi Pratama Internasional. Ltd ]]>
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DOI: 10.55299/jsh.v1i1.139
<![CDATA[Rural and Urban Land and Building Tax is one type of regional retribution that has great potential and is expected to contribute to regional income. The formulation of the problem in this study is how to regulate Rural and Urban Land and Building Taxes in North Padang Lawas Regency, how to implement North Padang Lawas Regency Regional Regulation Number 3 of 2013 concerning Rural and Urban Land and Building Taxes in the Context of Increasing PAD, What are the Obstacles to Implementing Regulations North Padang Lawas Regency No. 3 of 2013. This study uses a descriptive method through a normative approach to obtain secondary data. The collected data will be analyzed carefully using qualitative analysis or described in sentences. The results of the research on Rural and Urban Land and Building Tax regulations in North Padang Lawas Regency are regulated in North Padang Lawas Regency Regional Regulation Number 3 of 2013 concerning Rural and Urban Land and Building Taxes which are intended to support and encourage economic growth and development in North Padang Lawas Regency. in addition to being a source of Regional Original Income. The implementation has been going quite well, has a simple flow and does not make it difficult for taxpayers, it is intended to increase local revenue in order to increase regional development. Barriers to the implementation of the North Padang Lawas Regency Regulation Number 3 of 2013 concerning Rural and Urban Land and Building Taxes include the economy, taxpayer disorder, inaccuracy of officers, weak law enforcement on tax compliance for state administrators.]]>
<![CDATA[Implementasi Pembiayaan Pendaftaran Tanah Sistematis Lengkap (PTSL) ]]>
<![CDATA[Julpan Harahap]]>
<![CDATA[ Jurnal Smart Hukum (JSH) Vol. 1 No. 1 (2022): September (First Release) ]]>
Publisher : <![CDATA[Inovasi Pratama Internasional. Ltd ]]>
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DOI: 10.55299/jsh.v1i1.140
<![CDATA[PTSL is one of the programs organized by the Government to assist communities in obtaining land certificates. The purpose of this study was to determine the PTSL financing procedure based on the 3 Ministerial Decree, PTSL legal certainty, as well as to determine the dispute resolution in PTSL. This research is descriptive and the approach used is normative and empirical juridical research. The data collection tools are document studies and interviews and are analyzed qualitatively. The PTSL financing procedure at the South Tapanuli Regency Land Office is based on the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 6 of 2018. In the PTSL management program the funds are borne by the government and borne by the community. Funds borne by the government such as the cost of measurement, committee and registration. As for the costs of land certificates for which there are no documents, stakes, seals, it is borne by the community. The implication of PTSL based on the Ministerial Decree 3 is to provide legal protection to the holder of the right to a plot of land in the form of granting a certificate of land rights. Dispute resolution in PTSL is that if there is an error in data, both physical data and juridical data at the time of data announcement in the village/kelurahan, it can be corrected again before a certificate is made, but if the certificate has been issued but there are data errors in it, then the wrong data can be objected to the Office National Land Agency and can be resolved through litigation or non-litigation.]]>
